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Public Act 099-0511


 

Public Act 0511 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0511
 
SB0637 EnrolledLRB099 03345 RJF 23353 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Identification Card Act is amended
by changing Sections 2, 5, and 8 as follows:
 
    (15 ILCS 335/2)  (from Ch. 124, par. 22)
    Sec. 2. Administration and powers and duties of the
Administrator.
    (a) The Secretary of State is the Administrator of this
Act, and he is charged with the duty of observing,
administering and enforcing the provisions of this Act.
    (b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
        1. He shall organize the administration of this Act as
    he may deem necessary and appoint such subordinate
    officers, clerks and other employees as may be necessary.
        2. From time to time, he may make, amend or rescind
    rules and regulations as may be in the public interest to
    implement the Act.
        3. He may prescribe or provide suitable forms as
    necessary, including such forms as are necessary to
    establish that an applicant for an Illinois Person with a
    Disability Identification Card is a "person with a
    disability" as defined in Section 4A of this Act, and
    establish that an applicant for a State identification card
    is a "homeless person" as defined in Section 1A of this
    Act.
        4. He may prepare under the seal of the Secretary of
    State certified copies of any records utilized under this
    Act and any such certified copy shall be admissible in any
    proceeding in any court in like manner as the original
    thereof.
        5. Records compiled under this Act shall be maintained
    for 6 years, but the Secretary may destroy such records
    with the prior approval of the State Records Commission.
        6. He shall examine and determine the genuineness,
    regularity and legality of every application filed with him
    under this Act, and he may in all cases investigate the
    same, require additional information or proof or
    documentation from any applicant.
        7. He shall require the payment of all fees prescribed
    in this Act, and all such fees received by him shall be
    placed in the Road Fund of the State treasury except as
    otherwise provided in Section 12 of this Act. Whenever any
    application to the Secretary for an identification card
    under this Act is accompanied by any fee, as required by
    law, and the application is denied after a review of
    eligibility, which may include facial recognition
    comparison, the applicant shall not be entitled to a refund
    of any fees paid.
        8. Beginning July 1, 2017, he shall refuse to issue any
    identification card under this Act to any person who has
    been issued a driver's license under the Illinois Vehicle
    Code. Any such person may, at his or her discretion,
    surrender the driver's license in order to become eligible
    to obtain an identification card.
(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
revised 10-14-15.)
 
    (15 ILCS 335/5)  (from Ch. 124, par. 25)
    Sec. 5. Applications.
    (a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card, or
for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall
be photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In addition
to the residence address, the Secretary may allow the applicant
to provide a mailing address. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act
or a peace officer, the applicant may elect to have his or her
office or work address in lieu of the applicant's residence or
mailing address. An applicant for an Illinois Person with a
Disability Identification Card must also submit with each
original or renewal application, on forms prescribed by the
Secretary, such documentation as the Secretary may require,
establishing that the applicant is a "person with a disability"
as defined in Section 4A of this Act, and setting forth the
applicant's type and class of disability as set forth in
Section 4A of this Act. For the purposes of this subsection
(a), "peace officer" means any person who by virtue of his or
her office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
    (b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of this
Act. The acceptable forms of proof shall include, but are not
limited to, Department of Defense form DD-214. The Secretary
shall determine by rule what other forms of proof of a person's
status as a veteran are acceptable.
    The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the identification card.
    For purposes of this subsection (b):
    "Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
    "Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
    "Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
    (c) Beginning July 1, 2017, all applicants for standard
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards shall provide proof of lawful
status in the United States as defined in 6 CFR 37.3, as
amended. Applicants who are unable to provide the Secretary
with proof of lawful status are ineligible for identification
cards under this Act.
(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
eff. 8-16-13.)
 
    (15 ILCS 335/8)  (from Ch. 124, par. 28)
    Sec. 8. Expiration.
    (a) Except as otherwise provided in this Section:
        (1) Every identification card issued hereunder, except
    to persons who have reached their 15th birthday, but are
    not yet 21 years of age, persons who are 65 years of age or
    older, and persons who are issued an Illinois Person with a
    Disability Identification Card, shall expire 5 years from
    the ensuing birthday of the applicant and a renewal shall
    expire 5 years thereafter.
        (2) Every original or renewal identification card
    issued to a person who has reached his or her 15th
    birthday, but is not yet 21 years of age shall expire 3
    months after the person's 21st birthday.
    (b) Except as provided elsewhere in this Section, every
Every original, renewal, or duplicate: (i) identification card
issued prior to July 1, 2017, to a person who has reached his
or her 65th birthday shall be permanent and need not be
renewed; (ii) identification card issued on or after July 1,
2017, to a person who has reached his or her 65th birthday
shall expire 8 years thereafter; (iii) and (ii) Illinois Person
with a Disability Identification Card issued prior to July 1,
2017, to a qualifying person shall expire 10 years thereafter;
and (iv) Illinois Person with a Disability Identification Card
issued on or after July 1, 2017, shall expire 8 years
thereafter. The Secretary of State shall promulgate rules
setting forth the conditions and criteria for the renewal of
all Illinois Person with a Disability Identification Cards.
    (c) Beginning July 1, 2016, every identification card or
Illinois Person with a Disability Identification Card issued
under this Act to an applicant who is not a United States
citizen shall expire on whichever is the earlier date of the
following:
        (1) as provided under subsection (a) or (b) of this
    Section; or
        (2) on the date the applicant's authorized stay in the
    United States terminates.
(Source: P.A. 99-305, eff. 1-1-16.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-103 and 6-106 as follows:
 
    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
        1. To any person, as a driver, who is under the age of
    18 years except as provided in Section 6-107, and except
    that an instruction permit may be issued under Section
    6-107.1 to a child who is not less than 15 years of age if
    the child is enrolled in an approved driver education
    course as defined in Section 1-103 of this Code and
    requires an instruction permit to participate therein,
    except that an instruction permit may be issued under the
    provisions of Section 6-107.1 to a child who is 17 years
    and 3 months of age without the child having enrolled in an
    approved driver education course and except that an
    instruction permit may be issued to a child who is at least
    15 years and 3 months of age, is enrolled in school, meets
    the educational requirements of the Driver Education Act,
    and has passed examinations the Secretary of State in his
    or her discretion may prescribe;
        1.5. To any person at least 18 years of age but less
    than 21 years of age unless the person has, in addition to
    any other requirements of this Code, successfully
    completed an adult driver education course as provided in
    Section 6-107.5 of this Code;
        2. To any person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven cycle
    unless the person has, in addition to meeting the
    provisions of Section 6-107 of this Code, successfully
    completed a motorcycle training course approved by the
    Illinois Department of Transportation and successfully
    completes the required Secretary of State's motorcycle
    driver's examination;
        3. To any person, as a driver, whose driver's license
    or permit has been suspended, during the suspension, nor to
    any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and
    6-208;
        4. To any person, as a driver, who is a user of alcohol
    or any other drug to a degree that renders the person
    incapable of safely driving a motor vehicle;
        5. To any person, as a driver, who has previously been
    adjudged to be afflicted with or suffering from any mental
    or physical disability or disease and who has not at the
    time of application been restored to competency by the
    methods provided by law;
        6. To any person, as a driver, who is required by the
    Secretary of State to submit an alcohol and drug evaluation
    or take an examination provided for in this Code unless the
    person has successfully passed the examination and
    submitted any required evaluation;
        7. To any person who is required under the provisions
    of the laws of this State to deposit security or proof of
    financial responsibility and who has not deposited the
    security or proof;
        8. To any person when the Secretary of State has good
    cause to believe that the person by reason of physical or
    mental disability would not be able to safely operate a
    motor vehicle upon the highways, unless the person shall
    furnish to the Secretary of State a verified written
    statement, acceptable to the Secretary of State, from a
    competent medical specialist, a licensed physician
    assistant, or a licensed advanced practice nurse, to the
    effect that the operation of a motor vehicle by the person
    would not be inimical to the public safety;
        9. To any person, as a driver, who is 69 years of age
    or older, unless the person has successfully complied with
    the provisions of Section 6-109;
        10. To any person convicted, within 12 months of
    application for a license, of any of the sexual offenses
    enumerated in paragraph 2 of subsection (b) of Section
    6-205;
        11. To any person who is under the age of 21 years with
    a classification prohibited in paragraph (b) of Section
    6-104 and to any person who is under the age of 18 years
    with a classification prohibited in paragraph (c) of
    Section 6-104;
        12. To any person who has been either convicted of or
    adjudicated under the Juvenile Court Act of 1987 based upon
    a violation of the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act while that person was in
    actual physical control of a motor vehicle. For purposes of
    this Section, any person placed on probation under Section
    10 of the Cannabis Control Act, Section 410 of the Illinois
    Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    not be considered convicted. Any person found guilty of
    this offense, while in actual physical control of a motor
    vehicle, shall have an entry made in the court record by
    the judge that this offense did occur while the person was
    in actual physical control of a motor vehicle and order the
    clerk of the court to report the violation to the Secretary
    of State as such. The Secretary of State shall not issue a
    new license or permit for a period of one year;
        13. To any person who is under the age of 18 years and
    who has committed the offense of operating a motor vehicle
    without a valid license or permit in violation of Section
    6-101 or a similar out of state offense;
        14. To any person who is 90 days or more delinquent in
    court ordered child support payments or has been
    adjudicated in arrears in an amount equal to 90 days'
    obligation or more and who has been found in contempt of
    court for failure to pay the support, subject to the
    requirements and procedures of Article VII of Chapter 7 of
    the Illinois Vehicle Code;
        14.5. To any person certified by the Illinois
    Department of Healthcare and Family Services as being 90
    days or more delinquent in payment of support under an
    order of support entered by a court or administrative body
    of this or any other State, subject to the requirements and
    procedures of Article VII of Chapter 7 of this Code
    regarding those certifications;
        15. To any person released from a term of imprisonment
    for violating Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, or a similar provision of a law
    of another state relating to reckless homicide or for
    violating subparagraph (F) of paragraph (1) of subsection
    (d) of Section 11-501 of this Code relating to aggravated
    driving under the influence of alcohol, other drug or
    drugs, intoxicating compound or compounds, or any
    combination thereof, if the violation was the proximate
    cause of a death, within 24 months of release from a term
    of imprisonment;
        16. To any person who, with intent to influence any act
    related to the issuance of any driver's license or permit,
    by an employee of the Secretary of State's Office, or the
    owner or employee of any commercial driver training school
    licensed by the Secretary of State, or any other individual
    authorized by the laws of this State to give driving
    instructions or administer all or part of a driver's
    license examination, promises or tenders to that person any
    property or personal advantage which that person is not
    authorized by law to accept. Any persons promising or
    tendering such property or personal advantage shall be
    disqualified from holding any class of driver's license or
    permit for 120 consecutive days. The Secretary of State
    shall establish by rule the procedures for implementing
    this period of disqualification and the procedures by which
    persons so disqualified may obtain administrative review
    of the decision to disqualify;
        17. To any person for whom the Secretary of State
    cannot verify the accuracy of any information or
    documentation submitted in application for a driver's
    license; or
        18. To any person who has been adjudicated under the
    Juvenile Court Act of 1987 based upon an offense that is
    determined by the court to have been committed in
    furtherance of the criminal activities of an organized
    gang, as provided in Section 5-710 of that Act, and that
    involved the operation or use of a motor vehicle or the use
    of a driver's license or permit. The person shall be denied
    a license or permit for the period determined by the court;
    or .
        19. Beginning July 1, 2017, to any person who has been
    issued an identification card under the Illinois
    Identification Card Act. Any such person may, at his or her
    discretion, surrender the identification card in order to
    become eligible to obtain a driver's license.
    The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
99-173, eff. 7-29-15.)
 
    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
    Sec. 6-106. Application for license or instruction permit.
    (a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
    (b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State shall
deem necessary to determine the applicant's competency and
eligibility. The Secretary of State may, in his discretion, by
rule or regulation, provide that an application for a drivers
license or permit may include a suitable photograph of the
applicant in the form prescribed by the Secretary, and he may
further provide that each drivers license shall include a
photograph of the driver. The Secretary of State may utilize a
photograph process or system most suitable to deter alteration
or improper reproduction of a drivers license and to prevent
substitution of another photo thereon. For the purposes of this
subsection (b), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that duty
extends to all violations or is limited to specific violations.
    (b-5) Beginning July 1, 2017, every applicant for a
driver's license or permit shall provide proof of lawful status
in the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status may apply for a driver's license or permit
under Section 6-105.1 of this Code.
    (c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
    (d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Code or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service
System, if he is not already registered.
    (e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214. The
Secretary shall determine by rule what other forms of proof of
a person's status as a veteran are acceptable.
    The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
    For purposes of this subsection (e):
    "Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
    "Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
    "Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756,
eff. 7-16-14.)

Effective Date: 1/1/2017